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2025 DAILYLAW 184545 (MAD)

Elanchezhian v. Kavitha

SUO MOTU TR(MD)/2458/2025 · 2025-09-15

K K Ramakrishnan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Suo Motu TR.(MD).No.2458 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 15.09.2025 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Suo Motu TR.(MD).No.2458 of 2025 (C.C.No.391 of 2023 on the file of the Additional Mahila Court, Dindigul Taluk, Dindigul) The Inspector of Police, Town West Police Station, Dindigul District. ... Petitioner Vs. 1.Kavith 2.Karunakaran ... Respondents Upon perusing the documents and case records of the above C.C.No.391 of 2023 transmitted to this Court and hearing the arguments of Mr.S.Ravi, learned Additional Public Prosecutor, on behalf of the State, this Court passed the following 1/5 https://www.mhc.tn.gov.in/judis Suo Motu TR.(MD).No.2458 of 2025 ORDER Prelude: "This dedicated bench is for implementing the pilot project to identify and dispose of criminal cases involving offences punishable with imprisonment up to 3 years pending at trial, appeal or revision stage for more than 3 years and also offences like Section 506(ii) of IPC and others, which may carry a punishment of more than 3 years in the State of Tamil Nadu with reference to the 14 Districts coming under the Madurai Bench of Madras High Court". 2.This Dedicated Bench has taken the C.C.No.391 of 2023 on the file of the Additional Mahila Court, Dindigul Taluk, Dindigul as Suo motu Special Tr.Case.(MD) No.2458 of 2025 in Suo Motu W.P.(Crl.). (MD).No.1014 of 2025, upon proper scrutinity and considering its suitability that it is a fit case warranting the exercise of power under Article 226 of Constitution of India to quash the said C.C. 3.Brief facts of the prosecution case in C.C.No.391 of 2023: On 28.11.2020 at about 01.00 p.m, on information, the 2/5 https://www.mhc.tn.gov.in/judis Suo Motu TR.(MD).No.2458 of 2025 respondent police went to the occurrence place and found that the accused are said to have committed the offence of Immoral Traffic (Prevention) Act. Therefore, a case was registered in Crime No.2502 of 2020 for the offence punishable under Sections 3(2)(b), 4(2)(c) & 5(1)(a) of Immoral Traffic (Prevention) Act, 1956, and on investigation, final report was filed and the same was taken on file in C.C.No.391 of 2023 and the same is pending without trial for more than two years. 4.Discussion: 4.1. A1 died. At the time of occurrenc,e A2 was acted as borker. The occrrence is of the year 2020. He is facing trial from 2023 onwards. Now, he is suffering from AIDS and he is in unmovable condition. 4.2.Mr.s.Ravi, the learned Additional Public Prosecutor also submitted that the accused has no previous antecedents. 5. Conclusion : 5.1. Since A1 died, Suo Motu Transfer case stands dismissed as abated A1 is concerned. Insofar as A2 is concerned, considering the fact that he is suffering from AIDS and he is in unmovable condition and the 3/5 https://www.mhc.tn.gov.in/judis Suo Motu TR.(MD).No.2458 of 2025 occrrence is of the year 2020 and he is facing trial from 2023 onwards and he has no previous case, this Court is inclined to quash the proceedings by exercising power under Section 482 Cr.P.C. 5.Accordingly, C.C.No.391 of 2023 on the file of Additional Mahila Court (Magisterate Level), Dindigul Taluk, Dindigul, is quashed A2 is concerned and this Suo Motu Transfer case stands closed. 15.09.2025 dss Note to the Trial Court: This order is digitally signed and communicated electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned. 4/5 https://www.mhc.tn.gov.in/judis Suo Motu TR.(MD).No.2458 of 2025 K.K.RAMAKRISHNAN ,J. dss Order made in SUO MOTU Tr. (MD).No.2458 of 2025 1509.2025 5/5 https://www.mhc.tn.gov.in/judis